Barry Bonds

Barry Bonds’ lawyers argue his obstruction of justice conviction today

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Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

source:

 

As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Report: Teams reluctant to gamble on Cliff Lee

Philadelphia Phillies starting pitcher Cliff Lee throws during the first inning of a baseball game against the Washington Nationals at Nationals Park Thursday, July 31, 2014, in Washington. (AP Photo/Alex Brandon)
AP Photo/Alex Brandon
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In Saturday’s column for the Boston Globe, Nick Cafardo suggests that free agent Cliff Lee is seeking a guaranteed major league deal between $6 and $8 million plus incentives. That is turning some otherwise interested teams away, as the lefty is still recovering from a torn flexor tendon in his left elbow. Lee hasn’t pitched since July 31, 2014.

Last month, Lee’s agent Darek Braunecker said the pitcher would need “a perfect fit” to pitch in 2016. He also noted that Lee has begun a full offseason throwing program.

In his most recent season, Lee compiled a 3.65 ERA with 72 strikeouts and 12 walks in 81 1/3 innings for the Phillies. The Phillies had signed him to a five-year, $120 million contract in December 2010 but declined a club option for the 2016 season, instead buying him out for $12.5 million.

Orioles reconsidering signing Yovani Gallardo

Yovani Gallardo
AP Photo/Tony Gutierrez
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In an article for MASN on Friday, Steve Melewski noted that the Orioles were reluctant to forfeit their first round draft pick (14th overall) in order to sign free agent starter Yovani Gallardo. The club is now reconsidering its stance and rechecking the right-handers medicals, MASN’s Roch Kubatko reports.

Gallardo, who turns 30 on February 27, posted a 3.42 ERA with 121 strikeouts and 68 walks over 184 1/3 innings for the Rangers last season. The Rangers had acquired him in a trade with the Brewers, sending Luis Sardinas, Corey Knebel, and minor leaguer Marcos Diplan to Milwaukee.

Gallardo has posted an ERA below 4.00 in six of his last seven seasons. He remains unsigned into February, however, because his strikeout rate has rapidly decreased with each year since 2012. Per FanGraphs, that rate was 23.7 percent in 2012, then went to 18.6 percent, 17.9 percent, and 15.3 percent progressively. Some of that may have to do with diminishing fastball velocity, as Gallardo’s 90.4 MPH average marked a career low among his eight full seasons with at least 100 innings pitched.

The Orioles lost starter Wei-Yin Chen, who signed with the Marlins, and the back end of their rotation is highly speculative with Kevin Gausman, Mike Wright, Odrisamer Despaigne, and Tyler Wilson. Adding a veteran like Gallardo, even if he is apparently declining, may be stabilizing.

Freddy Garcia is calling it a career

Screenshot 2016-02-07 at 10.16.43 AM
Elsa/Getty Images North America
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MLB.com’s Jesse Sanchez passes along word from the Dominican Republic that right-hander Freddy Garcia will hang up his cleats for good after Sunday’s Caribbean Series championship game.

Garcia will start that game for the Tigres de Aragua out of Venezuela. He’s taking on Mexico’s Venados de Mazatlan.

“Venezuelan fans are expecting something good from Freddy and so is everybody,” said Tigres de Aragua manager Eddie Perez, who also serves as the bullpen coach for the Atlanta Braves. “Knowing that it’s his last game is going to make it very special. We all hope he pitches a really good game so he can retire in a good way and bring the title for Venezuela. Everybody who is rooting for Venezuela expects him to do well.”

Garcia’s last major league game was in the 2013 postseason. The 39-year-0ld will finish with a 4.15 ERA, 1.30 WHIP, and 6.4 K/9 in 2,264 career regular-season innings. He had a 3.26 ERA in 11 playoff starts, winning a World Series title with the White Sox in 2005.

Video: 2016 will be a season to remember

Carlos+Correa+Houston+Astros+v+Arizona+Diamondbacks+Ctyu5RiU3SWl
Christian Petersen/Getty Images North America
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MLB.com put together this very cool video montage reviewing the 2015 season and setting us up for what should be a wild 2016. Young stars, veterans chasing milestones, unpredictable divisional races.

It’s so close to spring training. Let’s do this.